3DJOE.COM ("Site," "we," "us," or "our"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by 3D Joe Corporation (referred to as "3D Joe")."You" are the person or entity using the Site, submitting User Materials, ordering or using Applications.
By using this Site, clicking on a button indicating your consent, or ordering or using certain applications, services or software, and content such as games for use therewith, either at no charge or for a fee (such applications, services, software and any related content provided by 3D Joe or its licensors is referred to herein collectively as "Applications"), you agree to these Terms including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these Terms, you do not have permission to use the Site. 3D Joe reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
You may also be subject to additional terms and conditions when you use third-party content, services, or software (including Applications) accessed through or promoted on the Site.
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you represent that you are of legal age to form a binding contract and you agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy and completeness. The Site is intended for adults; children under 13 years of age may not create user accounts. If you provide information that 3D Joe believes to be inaccurate, not current, or incomplete, or if you select a username that 3D Joe in its sole discretion finds offensive or inappropriate, 3D Joe has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
All transactions with or through the Site or 3D Joe may, at 3D Joe's option, be conducted electronically. 3D Joe may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact 3D Joe immediately to authorize 3D Joe to deny access to the Site to anyone else presenting your password.
3D Joe hereby grants you the limited right to view and use the Site only for the purposes of viewing trailers or playing games, posting Materials, using the embedded link function, placing product orders or for accessing information, Applications and services. 3D Joe reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to 3D Joe. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from 3D Joe, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.
The Site may allow users to upload, post, and/or distribute user submitted content, and use of the Site for this purpose is subject to the following conditions:
You acknowledge that 3D Joe may not pre-screen (but reserves the right to pre-screen) any User Materials posted by you or other users. 3D Joe and its designees shall have the right (but not the obligation) in their sole and absolute discretion to re-categorize, refuse or remove any User Materials, as well as terminate your access to the Site. 3D Joe may establish practices and limits concerning the use of the Site and Applications, including the maximum disk space that will be allotted to your use. You agree that 3D Joe has no liability or responsibility for the storage or deletion of any User Materials that you submit or post. 3D Joe reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.
If you believe that any content on the Site (including, without limitation, User Materials) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay 3D Joe liquidated damages as follows:
If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay 3D Joe�s actual damages, to the extent such actual damages can be reasonably calculated.
3D Joe may offer you the ability to use Applications. For example, 3D Joe may provide bulletin boards, e-mail functions, software and services that allow you to download specific content from the Sites to your computer, multi-player games and software that allows you to create greetings, puzzles, photographs, musical compositions and mixes, music videos and cartoons. Without limiting your obligations and restrictions described in Section 4, your limited license to use the Applications is subject to the following conditions:
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER 3D JOE, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by 3D Joe. Accordingly no such content or Applications may be used on another web site without express written permission from 3D Joe.
Please see 3D Joe's Copyright & Trademark Notice for more detailed copyright and trademark information, use limitations and for notice and procedures for making a claim of copyright infringement to 3D Joe.
3D Joe respects your right to privacy and understands that visitors to 3D Joe need to be in control of their personal information. To that end 3D Joe has developed a Privacy Policy, and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.
You understand that whether or not such User Materials are published on the Site, 3D Joe does not guarantee any confidentiality with respect to any submissions. 3D Joe does not want to receive confidential or proprietary information from you through the Sites or by e-mail. In the absence of an express written agreement between you and an authorized 3D Joe employee, any User Materials, information or idea you transmit to 3D Joe by any means may be disseminated or used by 3D Joe or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing entertainment products. You acknowledge, however, that because of 3D Joe's and its affiliates� position in the entertainment industry, other persons, including 3D Joe's employees, may have submitted to 3D Joe or to others, or may have made public, or may hereafter create, submit to 3D Joe or make public, similar or identical material that 3D Joe may have the right to use. You understand and agree that 3D Joe's use of material similar to or identical with the User Materials or containing features or elements similar to or identical with those contained in the User Materials will not obligate 3D Joe to negotiate with you, nor will it entitle you to any compensation of any kind. However, this provision does not apply to personal information that is subject to our privacy policy, which is subject to separate provisions. Unless you enter into a separate written agreement with 3D Joe, 3D Joe does not claim ownership in User Materials you submit; however, by submitting User Materials in any form to 3D Joe, in addition to other provisions of the Terms, you hereby waive any and all moral rights in connection with the User Materials and you automatically grant 3D Joe a royalty-free, world-wide, non-exclusive, sub-licensable (through multiple tiers), and assignable right and license but not the obligation, to use, copy, publicly perform, publicly display, exhibit, broadcast, edit, (e.g., for promotional uses, dubbing, subtitling, translating, time constraints, and censorship rules), adapt, promote, package with other works, distribute, transmit, manufacture, market, license, rent and lease the User Materials, or any portion thereof, and sublicense others to do so (including through multiple tiers), in all languages, via all distribution channels in all media now existing or later invented, including but not limited to distribution via the Internet, wireless protocols, hard media, television, and downloading. The foregoing license granted by you terminates once you, or 3D Joe, remove or delete a User Material from the Site. Notwithstanding anything herein to the contrary, the foregoing license shall survive with respect to any sublicenses granted by 3D Joe until such sublicenses terminate or expire. You obtain no rights in any form, media, or technology incorporating the User Materials. If you want to submit films to AtomFilms.com, you should read the film submission information. Where you do not have control over removal or deletion of your User Material, you may forward a written removal request to 3D Joe�s legal department to request removal of your User Material, which removal shall take place within ten (10) business days of 3D Joe�s receipt of your written request. Please fax your request to the attention of the legal department at 510-233-2510.
You agree to indemnify and hold 3D Joe, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and User Materials, your use of the Site, your violation of these Terms or your violation of any third party's rights including such party's copyrights and trademarks.
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND 3D JOE, THE SITE AND APPLICATIONS, CONTENT, AND USER MATERIALS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. 3D JOE HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, 3D JOE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT 3D JOE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
3D Joe Corp. wishes to assist parents in their efforts to screen the material that their children can view online. Mature content on AtomFilms.com is rated with the Internet Content Rating Association (ICRA). 3D Joe cannot be held responsible for misdelivered information, missed notification, or third-party software that malfunctions.
While no parental software package replaces careful supervision of Internet use by children, these parental software products may be useful. Some sample parental software products include but are not limited to: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com), Cybersitter ( http://www.solidoak.com ). Please be advised that 3D Joe does not endorse any one parental software package and is not responsible for the malfunction of any parental software package that you may chose to use.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY 3D JOE OR ANY OF 3D JOE'S AFFILIATES OR AGENTS SHALL BE, AT 3D JOE'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON 3D JOE; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO 3D JOE. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You represent and warrant for the benefit of 3D Joe, 3D Joe's suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you are 18 years old or an emancipated minor who possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) you are the owner of the User Materials you submit to the Site and the User Materials are original to you; (g) the User Materials you submit to the Site do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the User Materials you submit to the Site do not constitute defamation or libel or otherwise violate the law, (i) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the applicable Site and these Terms of Service; and (j) you agree to defend, indemnify, and hold 3D Joe (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
The Site contains links to third party sites that are not under the control of 3D Joe and 3D Joe is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. 3D Joe provides links only as a convenience and the inclusion of the link does not imply that 3D Joe endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that 3D Joe shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
This Site is controlled and operated by 3D Joe from its offices within California , United States of America . 3D Joe makes no representation that the Site, Applications, or related information offered by 3D Joe are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Except for the User Materials, The Site, Applications, and related information are the exclusive property of 3D Joe or its suppliers. All rights not licensed herein are hereby reserved to 3D Joe or its suppliers.
If you violate these Terms, 3D Joe may terminate or cancel your access rights to the Site and/or Applications immediately without notice. 3D Joe may also block your use of the Site and/or Applications or direct you to cease using it. If you repeatedly violate these Terms, 3D Joe will permanently suspend your access right to the Site and/or Applications. 3D Joe reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that 3D Joe shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata refund in the event such modification, suspension, or discontinuance materially affects your access to those parts of the Site or Applications that you have paid for.
These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Contra Costa County in California . The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Contra Costa, California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California law.
These Terms, as amended, your registration forms, and the disclosures provided by 3D Joe and the consents provided by you, constitute the entire agreement between you and 3D Joe. If any provision of these Terms and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. 3D Joe's failure to act with respect to a breach by you or others does not waive 3D Joe's right to act with respect to subsequent or similar breaches.
You agree that 3D Joe may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from 3D Joe to you as published through the Site or by e-mail. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering Applications after that date. No other amendments will be valid unless they are in a paper writing signed by 3D Joe and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to 3D Joe by postal mail to: 3D Joe Corporation, 833 S 19th St, Suite D, Richmond, CA 94804, or as to a successor address that 3D Joe makes available on the Site or through other reasonable manner. If applicable law requires that 3D Joe accept e-mail notices (but not otherwise), then you may send 3D Joe e-mail notice using 3D Joe's Online Contact Form. With respect to 3D Joe's notices to you, 3D Joe may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, 3D Joe may give notice by sending e-mail to the e-mail address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
Contact Information Disclosure: 3D Joe's name and street address is
3D Joe Corporation, 833 S 19th St, Suite D, Richmond, CA 94804Last Updated: 02-15-2008
We encourage you to join our e-mail list to keep informed of our new games. If you would like to license our games for use on your web site, please contact us for more information.
3D Joe launched it's first online game in 1998 entitled Water Balloon Drop. Now, 10 years later 3D Joe is focusing it's efforts on developing several new online games for release this year.
Our mission is to create unique casual games that focus on simple game play and offer compelling, humorous content.
We create games that are entertaining, fun to play yet hard to master. Having grown up on Pac Man, Asteroids and the like, we realize the value in creating games that aren't overly complicated. In other words, you won't find us creating yet another version of a match three puzzle game.